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Applying For A UK Spouse Visa And Human rights

Applying for a UK Spouse Visa and Human Rights When applying for a UK spouse Visa or marriage Visa, you...

Immigration Law Changes – 22nd Oct 2020

Immigration Law Changes - 22nd Oct 2020 The Visitor rules will now: permit study of up to six months under...

Short-term students

Short-term students The short-term study routes (previously student visitor routes) are for people who want to come to the UK to...

Visa decision waiting times: applications outside the UK

Visa decision waiting times, applications outside the UK You do not need to book your travel before applying for a...

Financial evidence for Student and Child Student route applicants

Financial evidence for Student and Child Student route applicants Overview of financial evidence Financial evidence is proof that you have...

Prove your English language abilities with a secure English language test (SELT)

Prove your English language abilities with a secure English language test (SELT) Applications that require an English language test There...

Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents

Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents If you’re in the UK If you had a...

Recruiting people from outside the UK from 1 January 2021

Recruiting people from outside the UK from 1 January 2021 From 1 January 2021, freedom of movement between the UK...

How To Apply for the UK Spouse Visa

How To Apply for the UK Spouse Visa When applying for the UK Spouse visa, there are visa requirements you...

Non-EEA and Swiss nationals working in the EU (Van der Elst and Swiss posted workers)

The ECJ case of Van der Elst established that, provided certain criteria are met, non-EEA nationals working for an EU...

Applying For A UK Spouse Visa And Human rights

Applying for a UK Spouse Visa and Human Rights When applying for a UK spouse Visa or marriage Visa, you need to consider a number of factors including meeting the financial requirements. Here are some key requirements to consider: Each person must receive consideration of their family and individual circumstances, taking in to account all matters raised on a case-by-case basis. Home Office will look at an application on it's own. You need to make sure that the information and evidences supports your spouse Visa application. In the spouse Visa application, consideration are looked into. First, you must consider if the application relies on dependencies between family, whether the applicant meets the general, suitability and eligibility requirements of the family Immigration Rules; or, if the application is from an individual and relies solely on the basis of private life in the UK, the private life Immigration Rules under paragraphs 276ADE(1)-DH of Part 7. The financial requirements and showing adequate accommodation is also important on the UK spouse Visa application. English language is required but there are grounds for exemptions. UK Spouse Visa, marriage and relationship Where a proposed marriage or civil partnership referred to the Home Office under the 2014...

Immigration Law Changes – 22nd Oct 2020

Immigration Law Changes - 22nd Oct 2020 The Visitor rules will now: permit study of up to six months under the standard visit route. All study must be undertaken at an accredited institution, except recreational courses undertaken for leisure that last no longer than 30 days; allow drivers on international routes to collect as well as deliver goods and passengers in and out of the UK; remove the requirement for volunteering to be incidental to the main reason for the visit. In the Student and Child Student rules, the maintenance levels are being amended in line with the current home student maintenance loans. Minor corrections will be made to the rules as laid on 5 October 2020. A new Short-term Study route is being introduced for students who wish to come to the UK to study English language courses for between 6 and 11 months, replacing the current route. The study must be at an accredited institution. Students who wish to come to the UK to study for 6 months or less may now do so under the Visitor route. The Skilled Worker route is a new points-based route for those who wish to come to the UK for the purpose...

Short-term students

Short-term students The short-term study routes (previously student visitor routes) are for people who want to come to the UK to study for a short period of time on a course that does not include a work placement or work experience, with the exception of electives which meet paragraph A57D(a)(iii) of the Immigration Rules. There are 3 short-term student routes: short-term student (6 months) – for applicants aged 16 and over for a maximum of 6 months’ study; short-term student (11 months) – for applicants aged 16 and over for a maximum of 11 months’ English language study only; short-term student (child) – for applicants aged under 16 for a maximum of 6 months’ study. The only situation in which a student may use short-term study (STS) to study a course that will not be completed within their 6 month stay, other than for an English language course, is where a student is undertaking distance learning. An applicant who wishes to use short-term study to undertake distance learning in the UK must meet all of the following criteria. They must: be studying for the majority of their time outside of the UK for a UK qualification by distance learning; be on a course...

Visa decision waiting times: applications outside the UK

Visa decision waiting times, applications outside the UK You do not need to book your travel before applying for a visa. Visa fees can only be refunded if we have not yet started processing your application. If you are applying to extend or switch a visa within the UK, check the individual visa guides to find out how long it will take. If you want to visit the UK You should get a decision on your visa within 3 weeks of attending your appointment at the visa application centre, where 1 week is 5 working days, if you are applying for a visa to visit the UK: for a holiday or to see family or friends for a business trip or meeting to get married You may be able to get your visa faster or other services depending on what country you’re in - check with your visa application centre. If you’re travelling through the UK You should get a decision within 3 weeks of attending your appointment at the visa application centre, where 1 week is 5 working days, if you are applying for a visa to travel through the UK on your way to another country, You may be able to get your...

Financial evidence for Student and Child Student route applicants

Financial evidence for Student and Child Student route applicants Overview of financial evidence Financial evidence is proof that you have enough money to support yourself while studying in the UK. Usually you’ll need to show a set amount of money for each month of your course, for up to 9 months. If you’re applying from overseas, or if are applying in the UK but have not been here with permission for 12 months or more, you must show that you have enough money to cover your course fees (and boarding fees, if relevant) and living costs. You might not need to provide financial evidence if you’re from an exempt country but you should still make sure you have enough funds. UK Visas and Immigration may ask you to show that you have them. You do not need to show funds if you are applying as a Student Union Sabbatical Officer or to study as a doctor or dentist in training. How your finance requirement is worked out Students The amount of money you need to show depends on: your course fees, which are set out on your confirmation of acceptance for studies (CAS) Your education provider will send you the CAS once they’ve offered...

Prove your English language abilities with a secure English language test (SELT)

Prove your English language abilities with a secure English language test (SELT) Applications that require an English language test There are 2 types of test as different immigration routes require different levels of English language ability. The test you will need to take depends on what you are applying for. For the following application routes, you will need to take a test that assesses your reading, writing, speaking and listening abilities: Innovator Start-up Tier 2 (General) Tier 2 (Minister of Religion) Student For the following application routes, you will need to take a test that assesses your speaking and listening abilities: Tier 2 (Sportsperson) Representative of an Overseas Business partner parent settlement (also known as indefinite leave to remain) citizenship The level of test you will need, known as the Common European Framework of Reference for Languages (CEFR) level, will depend on the route you are applying for. To find out which level you need, see the specific guidance for your immigration route. Approved test providers and approved tests You can only take an SELT with one of the following providers: IELTS SELT Consortium (UK or overseas) LanguageCert (UK or overseas) Trinity College London (UK only) Pearson (UK and overseas) PSI Services (UK) Ltd...

Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents

Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents If you’re in the UK If you had a visa that expired between 24 January 2020 and 31 July 2020 you were able to request an extension if you were not able to return home because of travel restrictions or self-isolation related to coronavirus (COVID-19). Additionally, if you had leave which expired between 24 January and 31 August 2020, including those who received an extension between this period, you were able to take advantage of a grace period between 1 August to 31 August 2020. The conditions of your stay in the UK were the same as the conditions of your leave. If conditions allowed you to work, study or rent accommodation you were able to continue doing so during August 2020. Now travel restrictions are lifting globally you will no longer be able to extend your visa on this basis and you are expected to take all reasonable steps to leave the UK where it is possible to do so or apply to regularise your stay in the UK. Call us on 0207 237 3388 or email us on info@icslegal.com if you need help on extending your leave to remain. ...

Recruiting people from outside the UK from 1 January 2021

Recruiting people from outside the UK from 1 January 2021 From 1 January 2021, freedom of movement between the UK and EU will end and the UK will introduce an immigration system that will treat all applicants equally, regardless of where they come from. Anyone you want to recruit from outside the UK, excluding Irish citizens, will need to apply for permission first. The requirements are different for each visa. The new system will not apply to EEA or Swiss citizens you already employ in the UK. EEA and Swiss citizens living in the UK by 31 December 2020, and their family members, can apply to the EU Settlement Scheme. They have until 30 June 2021 to apply. From 1 January 2021 you’ll need to have a sponsor licence to hire most workers from outside the UK. Call our team on 0207 237 3388 or email us on info@icslegal.com.  Skilled workers From 1 January 2021, anyone you recruit from outside the UK for the Skilled Worker route will need to demonstrate that: they have a job offer from a Home Office licensed sponsor they speak English at the required level the job offer is at the required skill level of RQF3...

How To Apply for the UK Spouse Visa

How To Apply for the UK Spouse Visa When applying for the UK Spouse visa, there are visa requirements you must meet and ensure that the immigration rules are met at the date of application. The Visa can be refused if the requirements or the evidences provided for the visa application is not provided. Due to the current situation, with Covid-19, there are some relaxation into the immigration policy, however this is not something you should be dependent on. The UK Spouse Visa requires, by immigration policy, to have all the evidences provided at the date of application. The changes to the UK Home Office visa digital platform changes, you must ensure the correct application route is chosen. A UK Spouse Visa is for non-UK residents aged 18 or over who are engaged, married to, or in a civil partnership with someone aged over 18 living in the UK. It is a type of settlement visa known as the UK partner visa. The qualifying criteria vary depending on your partner’s situation. You need a UK Partner Visa if you are coming to the UK to join your partner or spouse from outside the European Economic Area. If you hold a...

Non-EEA and Swiss nationals working in the EU (Van der Elst and Swiss posted workers)

The ECJ case of Van der Elst established that, provided certain criteria are met, non-EEA nationals working for an EU employer in the EU should be allowed to provide services in another Member State without the need to obtain a work permit. This means that an established non-EEA employee of an EU company in the EU can come to the UK to provide a service on behalf of the company without a work permit. Entry clearance is mandatory for both visa and non-visa nationals. Entry clearance is issued gratis. The requirements to be met by the employee are that they: are lawfully resident in the EU Member State in which the employer is established; are lawfully and habitually employed by an employer who is temporarily providing a service in the UK; do not intend to take any other employment; intend to leave the UK at the end of the period during which his employer is providing the service. 2. EUN4.2 What is the visa endorsement for non-EEA nationals working for EU employers? D: FOR EMPLOYMENT WITH [add NAME OF COMPANY], Code 4 Visas should be issued for the length of the contract with the EU employer. Applications from family members should...